The Justices’ Clerks (Amendment) Rules 2011

Made: 2nd March 2011

Laid before Parliament: 7th March 2011

Coming into force

In accordance with section 28(9) of that Act the Lord Chancellor has consulted the Criminal Procedure Rule Committee, the Family Procedure Rule Committee and the Magistrates’ Courts Rule Committee.

Citation and commencement

1

These rules may be cited as the Justices’ Clerks (Amendment) Rules 2011 and shall come into force on 6th April 2011.

Amendments to Justices’ Clerks Rules 2005

2

The Justices’ Clerks Rules 2005[^f00003] are amended in accordance with the following rules.

3

In rule 2, for “the Schedule” substitute “Schedules 1 and 2”.

4

In rule 3(1)—

• (a) for “paragraphs 1 to 36 and 44 to 71 in the Schedule” substitute “paragraphs 1 to 36 of Schedule 1 and paragraphs 1 to 7 of Schedule 2”; and

• (b) for “reference in the Schedule” substitute “reference in these Rules”.

5

After rule 3 insert—

(3A) Where a justices’ clerk— (a) is performing the function of a single justice in accordance with paragraphs 1 to 7 of Schedule 2 to these Rules; and (b) considers, for whatever reason, that it is inappropriate to perform the function, the justices’ clerk must refer the matter to the magistrates’ court which may perform the function.

6

In rule 5, for “the Schedule” in paragraphs (a) and (b) substitute “Schedule 1”.

7

In the Schedule—

• (a) in the heading, for “Schedule” substitute “Schedule 1”;

• (b) omit the heading “Family etc.” after paragraph 36; and

• (c) omit paragraphs 37 to 71.

8

After the Schedule insert Schedule 2 which is set out in the Schedule to these Rules.

Transitional provisions

9

Where, by virtue of Part 36 of the Family Procedure Rules 2010[^f00004], the Family Procedure Rules 2010 do not apply to a particular case, the Justices’ Clerks Rules 2005 shall have effect as if the amendments made to the Justices’ Clerks Rules 2005 by these Rules had not been made.

SCHEDULE

Signed

J Djanogly — Parliamentary Under Secretary of State — Ministry of Justice — 28th February 2011

I concur

John Goldring, L.J. — Senior Presiding Judge — 2nd March 2011

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Justices’ Clerks Rules 2005 (S.I. 2005/545) (“the 2005 Rules”). Rule 5 inserts a new rule 3A in the 2005 Rules to provide that where a justices’ clerk is performing certain functions and considers it inappropriate to perform those functions, the justices’ clerk must refer the matter to a magistrates’ court.

Rule 8 and the Schedule insert a new Schedule 2 to the 2005 Rules to specify which of the functions which are authorised to be done to, by or before a single justice of the peace may be done to, by or before a justices’ clerk.

Rules 3, 4, 6 and 7 make consequential amendments to the 2005 Rules and transitional provision is made in rule 9.

Footnotes

[^f00001]: 2003 c.39. Section 28 was amended by section 15(1) of, and paragraphs 308 and 327(1), (2) and (3) of Part 1 of Schedule 4 to, the Constitutional Reform Act 2005 (c.4) and section 108(6) was amended by section 15(1) of and paragraphs 308 and 348 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005.

[^f00002]: The Lord Chief Justice may nominate a judicial office holder under section 28(10) of the Courts Act 2003.

[^f00003]: S.I. 2005/545. Relevant amending instruments are S.I. 2005/2796 and 2006/2493.

[^f00004]: S.I. 2010/2955.

[^f00005]: 1989 c. 41. Part 1 of Schedule 2 was amended by section 7(1) and (4) of the Children (Leaving Care) Act 2000 (c.35) and article 2 of the Children Act 1989 (Amendment) (Children’s Services Planning) Order 1996 (S.I. 1996/785) and section 64 of and Part 1 of Schedule 5 to the Children Act 2004 (c.31) and section 582(1) of and paragraph 92 of Schedule 37 to the Education Act 1996 (c.56) and sections 19 and 25(1) to (4) and section 42 of and Schedule 4 to the Children and Young Persons Act 2008 (c.23).

[^f00006]: Section 41 was amended by sections 74 and 75 of and paragraphs 87, 91(a) to (e) of Part II of Schedule 7 to and Schedule 8 to the Criminal Justice and Court Services Act 2000 (c.43) and section 40 of and paragraphs 5, 9(1), (2), (3), (4)(a), 4(b) and (5) of Schedule 3 to the Children Act 2004 (c.31) and section 122(1)(a) and (b) of the Adoption and Children Act 2002 (c.38) and section 116 of and paragraph 17 of Schedule 16 to the Courts and Legal Services Act 1990 (c.41) and articles 4, 5 and Schedule 1 to the Solicitors’ Incorporated Practices Order 1991 (S.I. 1991/2684).

[^f00007]: 1980 c.43. Section 97 was amended by section 169(2) of the Serious Organised Crime and Police Act 2005 (c.15), article 2 of the Family Procedure (Modification of Enactments) Order 2005 (S.I. 2005/3275), section 31(1) of and paragraph 2 of Schedule 4 to the Criminal Justice (International Co-operation) Act 1990 (c.5), section 51 of the Criminal Procedure and Investigations Act 1996 (c.25), sections 13 and 14 of and paragraph 7 of Part III of Schedule 2 to the Contempt of Court Act 1981 (c.49), section 17(3) of and Parts I and V of Schedule 4 to the Criminal Justice Act 1991 (c.53), and section 65(3) and (4) of and paragraph 6(3) of Schedule 3 to the Criminal Justice Act 1993 (c.36).

[^f00008]: Section 65 was amended by section 15(4) of, and Part 1 of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c.27), section 44 of the Matrimonial and Family Proceedings Act 1984 (c.42), section 86 of, and paragraph 54 of Part II of Schedule 10 to, the Social Security Act 1986 (c.50), section 33 of, and Schedules 2 and 4 to, the Family Law Reform Act 1987 (c.42), sections 92 and 108(7) of, and paragraph 8 of Schedule 11 and Schedule 15 to, the Children Act 1989 (c.41), sections 116 and 125(7) of, and paragraph 40 of Schedule 16 and Schedule 20 to, the Courts and Legal Services Act 1990 (c.41), sections 3 and 4 of, and Schedule 1 and paragraph 60 of Schedule 2 to, the Social Security (Consequential Provisions) Act 1992 (c.6), section 66(1) of, and paragraph 49 of Schedule 8 to, the Family Law Act 1996 (c.27), section 119 of, and paragraph 42 of Schedule 8 to, the Crime and Disorder Act 1998 (c.37), sections 83(5) and 85 of, and paragraph 2(1) to (3) of Schedule 8 and Part 9 of Schedule 9 to, the Child Support, Pensions and Social Security Act 2000 (c.19), section 139(1) of, and paragraphs 36 and 37 of Schedule 3 to, the Adoption and Children Act 2002 (c.38), section 109(1) of, and paragraph 214 (1) and (3) of Schedule 8 to, the Courts Act 2003, section 261(1) of, and paragraph 65 of Schedule 27 to, the Civil Partnership Act 2004, section 103(1) of, and paragraph 2 of Schedule 2 to, the Childcare Act 2006 (c.21), section 166 of, and Part 5 of Schedule 15 to, the Health and Social Care Act 2008 (c.14), section 56 of, and paragraph 20 of Part 1 of Schedule 6 to, the Human Fertilisation and Embryology Act 2008 (c.22), section 72 of, and paragraphs 1 and 2 of Schedule 1 to, the Children and Families (Wales) Measure 2010 (nawm 1), and by S.I. 1993/623, 1997/1898, 2001/3929, 2005/265 and 2007/1655, and was modified by S.I. 2010/1898.

[^f00009]: Section 7 was amended by section 74 of and paragraphs 87, 88(a) and (b) of Part II of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c.43) and by section 40 of and paragraphs 5 and 6 of Schedule 3 to the Children Act 2004 (c.31) and section 15(1) of and paragraphs 203, 204(1), (2) and (3) of Part I of Schedule 4 to the Constitutional Reform Act 2005 (c.4).

[^f00010]: S.I. 1981/552. Relevant amending instruments are S.I. 1989/384, 2001/610 and S.I. 2005/617.

[^f00011]: 1986 c.55. Section 55A was amended by section 83(1), (2) of the Child Support, Pensions and Social Security Act 2000 (c.19).

[^f00012]: Section 37 was amended by section 116 of and paragraph 16 of Schedule 16 to the Courts and Legal Services Act 1990 (c. 41).